Creates first and second degree categories within offenses against property rights for unauthorized entry into a motor vehicle. Provides more stringent mandatory penalties for motor vehicle-related theft.

A BILL FOR AN ACT

SECTION 1. The legislature finds that when a person knowingly enters or remains in or upon premises, that person can be arrested and charged for a property related offense, such as trespassing. However, there is no such remedy for owners of motor vehicles unless the person also commits a crime therein. Due to this discrepancy, the legislature finds that the offense of unauthorized entry into a motor vehicle should be amended to include instances in which no other crime is committed.

The purpose of this Act is to amend chapter 708, Hawaii Revised Statutes, to specify the crimes of unauthorized entry into a motor vehicle in the first and second degrees, and provide more stringent penalties for motor vehicle-related theft.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708-   Unauthorized entry into a motor vehicle in the second degree. (1) A person commits the offense of unauthorized entry into a motor vehicle in the second degree if the person knowingly enters or remains unlawfully in a motor vehicle.

(2) Unauthorized entry into a motor vehicle in the second degree is a misdemeanor."

SECTION 3. Section 708-836, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

"(5) Unauthorized control of a propelled vehicle is a class C felony. If a judge sentences a person convicted under this section to probation, the judge shall also impose one or more of the following:

(a) A fine;

(c) A minimum term of community service."

SECTION 4. Section 708-836.5, Hawaii Revised Statutes, is amended to read as follows:

"§708-836.5 Unauthorized entry into a motor vehicle[.] in the first degree. (1) A person commits the offense of unauthorized entry into a motor vehicle in the first degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle with the intent to commit a crime against a person or against property rights.

(2) Unauthorized entry into a motor vehicle in the first degree is a class C felony. If a judge sentences a person convicted under this section to probation, the judge shall also impose one or more of the following:

(a) A fine;

(b) A requirement that restitution be made to the victim

(c) A minimum term of community service."

SECTION 5. Section 708-838, Hawaii Revised Statutes, is amended to read as follows:

"§708-838 Removal of identification marks. (1) A person commits the offense of removal of identification marks if:

on any bicycle, movable or immovable construction tool or equipment, appliance, merchandise, or other article for the purpose of identifying the bicycle, movable or immovable tool or equipment, appliance, merchandise or other article or its component parts, with a value of more than $50. A person removes identification marks if the person attempts to or succeeds in erasing, defacing, altering, or removing a serial number or identification mark or part thereof, on the property of another.

(2) Removal of identification marks is a [misdemeanor.] class C felony."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.